This is the Third part in a Four part review of the divorce process entitled ‘Obtaining the Decree Nisi of Divorce. This is now called the ‘Conditional Order’. If you want an expert family law divorce lawyer to protect you during marriage breakdown – contact us or email us your questions.
- Part I: Petition for a Divorce
- Part II: Acknowledgement of Service Form and Serving the Divorce Petition
- Part IV: Obtaining the Decree Absolute of Divorce
Once the Divorce Petition has been acknowledged by the Respondent, the court will then start the process toward pronouncing the decree nisi of divorce. This is now called the ‘Conditional Order’. The importance of the Conditional Order is twofold.
First it is the initial decree of your divorce. No divorce can be finalised before a conditional order is pronounced first.
Secondly, no financial settlement or Orders relating to the finances of the divorce can be made by the court until the conditional order has first been pronounced.
This stage is crucial if you have assets. You need to agree how you split your assets. If you cannot agree, you will need an expert family law divorce lawyer to protect you during marriage breakdown – contact us or email us your questions.
Overview & Procedure
When the Respondent returns the Acknowledgement of Service form to the court, the court will forward a copy of this to the Petitioner.
The Petitioner no longer needs to file a statement at this stage. The new rules simply require the parties to wait 20 weeks before the Conditional Order is granted.
The purpose of the new 20 week waiting period is to give the parties an opportunity to reflect on their decision, to sort out their finances and negotiate how they intend to divide finances and any childcare issues.
The Conditional Order is the first of two Orders made by the courts in relation to the divorce petition.
The Decree Absolute of Divorce is now called the ‘Final Order’. Once this is obtained the marriage is dissolved and at an end.
Also , only after the pronouncement of the conditional order is the Court able to make any final orders concerning the financial aspects of the divorce.
Frequently Asked Questions
How long does it take to get a Conditional Order
You have to wait 20 weeks from the time you issue the divorce petition before you can apply for the Conditional Order. During this time, you need to decide how you will divide the matrimonial finances. This is the ideal time to contact us, for help with making sure your financial position is protected after you divorce.
What does a Conditional Order mean – does it mean I am divorced?
Not quite yet. The Conditional Order signifies that the court has accepted the grounds for divorce as well as the Respondents acknowledgement and the divorce can progress toward a final Order.
You are divorced only when you receive the Final Order of divorce. Before this, you cannot legally re-marry and there can be other consequences too, including your rights and entitlements in the event that your spouse or you die before the divorce is finalised.
The court has pronounced my Conditional Order – what do I do next?
Before progressing the matter on to a final decree of divorce, you must now consider whether there are any issues in relation to the finances of the divorce that need to be resolved. It is crucial that these issues are dealt with by this stage.
If the financial aspects of the divorce are still unresolved then any application to the court in regard to finances needs to be filed now.
Delay beyond this stage in addressing the financial aspects of the divorce can mean that one or both of the parties may well lose out on their entitlements.
The financial aspects of the divorce are called Financial Remedy proceedings. You may have heard this referred to as ‘Ancillary Relief’. That was the old name.
If you want an expert family law divorce lawyer to protect you during marriage breakdown – contact us or email us your questions.
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